Testimonials

"I believe his diligence was instrumental in reaching a very satisfactory settlement"

I was kept well informed via email communications and telephone calls throughout the proceedings. Yan was always professional in his manner and conduct, and I was especially impressed with how he handled himself during mediation and pre-trial. He was well versed on the subject matter and corrected opposing lawyer on the facts on a couple of occasions. I believe his diligence was instrumental in reaching a very satisfactory settlement.

"We highly recommend Payne Law firm"

This is by far the best courtroom lawyer I have ever dealt with. Results far exceeded expectations in a big courtoom brawl and we received everything we expected and more. In other cases we have brought to Mr. Payne over the past 10 years, he has resolved claims efficiently and effectively. his perfect court records speaks for itself. He is professional, sharp, and knowledgeable. He is honest about risk and costs and is worth every penny. We highly recommend Payne Law firm.

"Your hard work and preparation resulted in a positive outcome for us"

“I just wanted you to know how deeply grateful I am for all that you did for me. Your hard work and preparation resulted in a positive outcome for us. I have to commend you on your professionalism. I will definitely recommend you, if I ever meet anyone, who needs your kind of expertise… I give you express written permission to use my comments on your website, without any hesitation… Once again, Mr. Payne –THANK YOU for what YOU and your team achieved for me.” R. Rai, Toronto (2012)

"One of the best litigation lawyers available in Ontario"

“Mr. Payne has represented us on two occasions, once in a contentious monetary dispute and secondly in a complex matter involving formal court process. In both cases, Mr. Payne was effective and successful. I can say with absolute certainty that Mr. Payne kept costs down, removed us from unnecessary emotional involvement, and got favourable results. He has fully earned his reputation as one of the best litigation lawyers available in Ontario. If you have a monetary dispute, I fully recommend that this is the way to go and not with a general practice lawyer. Get the job done, don’t waste time, money & energy with ‘paperwork tennis’. In today’s litigious society, we are proud to have Mr. Payne there to back up our business ethically, morally, and of course financially!” Ruth Armstrong, Two-Time OHTA Leading Female Rider

Owner and Operator of Armstrong Farm

"I am more than happy with the service provided and the result"

Very professional, explained the various stages in the case and expected deadline. I was kept informed ahead of schedule to properly prepare. Any questions I had were answered in a timely manner. I was well at ease with Yan and his staff which made the process that much more stressfree. We mutually understood our respective positions and the direction to take towards positive results. I am more than happy with the service provided and the result. We set a goal, worked towards it and achieved what we set out to do. HIghly recommended.

"Yan and his firm were honest, straight forward, and frankly a pleasure to have on my side!!!"

Yan and his firm were honest, straight forward, and frankly a pleasure to have on my side!!! Many thanks to Payne Law !!! Derek P

"Even the defendants wanted him as their lawyer"

He was one that did not promise the sky but was tenacious in getting us a victory. He listened and right away gave us options that we were able to make wiser decisions. Even the defendants wanted him as their lawyer. DM

"Won my case against very experienced lawyer. I was very impressed."

Honest lawyer. Tells you like it is. Billings came in as quoted. Did not waste time and money to get the job done. Won my case against very experienced lawyer. I was very impressed. Have recommended him to family and friends. Staff is very friendly and helpful as well.Mary C

"In both cases, Mr. Payne has achieved and exceeded my expectation"

I have retained Mr. Payne firstly in 2008 to resolve a commercial dispute and secondly in 2012 to appeal for a court ruling related to the Canadian Income Tax Act. In both cases, solicitors have been retained prior to my switch to Mr. Payne. In both cases, Mr. Payne has achieved and exceeded my expectation in view of the tough and complicate adversity I have confronted. Mr. Payne proceeded on each case methodically and attentively with calm, professionalism and knowledge and my anxiety subsided immediately after my decision to switch to Mr. Payne.

"You were tenacious in getting our case won over very experienced lawyers, in a more than satisfactory manner"

We would like to let you know how grateful we are for all that you have done for us in our suit against our former employer. You were tenacious in getting our case won over very experienced lawyers, in a more than satisfactory manner. We would highly recommend you and your firm to anyone who needed your type of services. Irene and Connie.

"Hiring Payne Law for my employment dispute was the best decision I ever made"

Hiring Payne Law for my employment dispute was the best decision I have ever made. This is a very professional, organized and efficient law office. They take the time to walk you through your options and give you the best information possible. After that, they get results! Payne Law staff restored my faith that there are good ethical lawyers out there. I cannot thank them enough and I have since referred them to many of my friends and family!

"It felt like we had a whole team working diligently to secure a favourable judgement"

We hired Mr. Payne to represent us in a wrongful dismissal/breach of contract case. His rates were very reasonable and he explained the process every step of the way. All of the staff was professional, courteous and knowledgeable. After 3 years our case was heard in the Superior Court of Canada. Mr. Payne and his associates were prepared for every possible scenario that the defence could come up with and brought case law for support. It felt like we had a whole team working diligently to secure a favourable judgement. After four days of trial and testimony a large judgement was awarded in our favour. I can’t thank them enough and I would not hesitate to recommend Payne Law & Associates.

"Very thorough and knowledgeable with his work"

Very thorough and knowledgeable with his work. Keeps positive attitude and always informs his clients, keeping them up-to-date with any new information.

"We find him extremely knowledgeable and trustworthy, and that he always has our best interest in mind"

We are very pleased with Mr. Payne’s work. He has represented our company right from its incorporation through to the settlement of a shareholders’ dispute. We find him extremely knowledgeable and trustworthy, and that he always has our best interest in mind. We will always use Mr. Payne for everything we need, and would highly recommend him to anybody!

"Mr. Yan David Payne is a very professional and honest lawyer"

Mr. Yan David Payne is a very professional and honest lawyer, who took the time to discuss and inform me throughout the various stages. He resolved my matter with his knowledge and abilities for a positive outcome. He is the best, along with his friendly and helpful staff. UA

"He is competent, clever, and courteous, upfront and eloquent... we definitely wouldn't want to be on the "other side" in a dispute"

Mr. Payne represented us in a complex loan/mortgage issue that was fraught with competing interests between an estate, longstanding family friends and employer. He demonstrated skill and patience at piecing together the complex history of the matter, while cutting through emotion to the facts, in order to bring to bear his expert negotiation — resulting in a favourable conclusion to the matter that settled out of court. He knew when to push and how far, and when to settle. Mr. Payne was patient with our questions, accessible by email and phone, and his staff was friendly and responsive. We also appreciated his flexibility to meet, when necessary, after 5 o’clock. He is competent, clever, and courteous, upfront and eloquent … we definitely wouldn’t want to be on the “other side” in a dispute. We recommend The Payne Law Firm without hesitation.

"he and his associates were on time, on budget, and to my pleasant surprise very knowledgeable both on a strategic and tactical level"

David represented my corporation in 3 cases. In all 3, he and his associates were on time, on budget, and to my pleasant surprise very knowledgeable both on a strategic and tactical level. In one particular case, we laid out the groundwork to the best of our knowledge, only to show up at the court to see – by pure coincidence- another party with a claim against us present to submit a claim. The opposing lawyer jumped on this opportunity and requested to combine cases, but Mr. Payne was so well versed and mannered that he convinced the judge that this was not appropriate at the time. The judge agreed and later on we one the case. In the mean time the **** lawyer of the opposing side lost his license….

"Yan is a great negotiator and trial lawyer"

Yan is a great negotiator and trial lawyer. He delivers on his promises!

"Many thanks to Yan David Payne from Ilir Gashi"

David assisted me with a suit against my former accountant. The matter was complex but David tackled it with ease. I am very happy with the outcome and would highly recommend David to anyone else. Many thanks to Yan David Payne from Ilir Gashi.

"I highly recommend Yan David Payne"

I was very impresssed with the advise I was given. Settling my case was the best thing I could have done. I highly recommend Yan David Payne.

"I greatly appreciate your hard work and preparation which resulted in a positive outcome for me"

I greatly appreciate your hard work and preparation which resulted in a positive outcome for me. I have to commend you on your professionalism. I will definitely recommend you to people who are being mistreated, devalued, and are experiencing abuse on the job by letting them know there is a way out. Also to know there are Lawyer out there who takes a case not only for the money but also care about the client and you are one of them.God richly bless you for the GOOD work….Emma Kissei

"He is a meticulous and knowledgeable advocate and has a knack for getting his way in court"

Yan David Payne represented me in two separate disputes including a wrongful dismissal. He is a meticulous and knowledgeable advocate and has a knack for getting his way in court. I could not be happier with the result. Yan was referred to me by a family member who also obtained a positive court judgement. Thank you. Lisa, Hamilton, Ontario

"He was able to bring about a settlement which was beneficial to me"

Mr. Payne and his team dealt aggressively with my former employer. He was able to bring about a settlement which was beneficial to me. Due to his efforts,a higher portion of my legal fees were reimbursed. Mr. Payne ensured that the settlement was advantageous from a tax perspective. Lastly, due to his negotiations, he set the stage so that I should be able to collect Employment Insurance. I would recommend Mr. Payne and his team. STW Scarborough.

"We are thrilled with our representation and would highly recommend Yan and the firm of Payne Law"

Mr. Payne has advised our company on several contract and dismissal issues, which has resulted in strengthening our business. He is focused on our best interests and works toward a successful outcome. His advice has been invaluable and has always been accurate. He communicates clearly and ensures that we understand our options and the possible outcomes of each option. We are thrilled with our representation and would highly recommend Yan and the firm of Payne Law.

Mr. Payne did an exceptional job representing me and winning my case. My previous counsel worked on my case for 2 years only to advise me that she would be unable to obtain any payment from my employer. Mr. Payne was swift and was able to obtain a substantial payment from my employer without requiring a hearing. I would highly recommend him and his law firm.

"I would certainly recommend Mr. Payne with Employment Law issues"

Mr. Payne helped our company through 2 very difficult terminations. The difficulties were largely the result of poorly written contracts, which were based on the advice of an HR specialist. Mr. Payne then proceeded to rewrite our contract template to protect our company against further loss. Due to the new templates we have not had to face any further problems when dealing with terminations. I Would certainly recommend Mr. Payne with Employment Law issues. Alistair

"My experience with Mr. Payne was a rewarding one"

My experience with Mr. Payne was a rewarding one. He did his homework with very detailed steps and therefore arrived to court prepared and confident. He spent the time in being well prepared by questioning, researching, asking the right questions to the witnesses and all this resulted in winning the case. At the end the judge said: You convinced me.

"His advice was clear and concise, paving the way for a smooth transaction"

Yan was able to help me setting up a disability this was a time sensitive and complicated situation requiring a solid understanding of the requirements and legal applications. He was able to make what could have been a confusing experience simple and easy to understand. His advice was clear and concise, paving the way for a smooth transaction. I am very satisfied with the services provided and would highly recommend Yan.

"I strongly recommend you retain Yan David Payne as your lawyer before the opposing side does"

Yan David Payne demonstrates a rare legal integrity with an exceptional insight into the law; I do highly recommend retaining Payne Law for a rewarding experience no matter the intensity or complication of your case. Yan is very professional and was very honest and accurate in analyzing my wrongful dismissal case at consultation; he handled the communications, negotiations, mediation and the closure with professional ease. Yan is very dependable and resolved my case quickly and very efficiently. If you need a lawyer within his realm of expertise, I strongly recommend you retain Yan David Payne as your lawyer before the opposing side does.

"Yan is a smart and empathetic lawyer with a detailed and thorough approach"

Yan is a smart and empathetic lawyer with a detailed and thorough approach. He is not about the money. it is more important for him that he does what is best for his client.

"Mr. Payne has a good understanding of the law, good judgment"

Mr. Payne has a good understanding of the law, good judgment. He listens to the client’s needs, keeps them informed and most of all is available to the client i.e.; personalized service and last but not least he has very good people skills.

Yan Payne & his team, including Andrew Pelletier & Megan Oxenham, consistently delivered results with respect and in-depth knowledge about the law regarding my wrongful dismissal case. Their skill in advocacy, strategy, and negotiation successfully resolved my case before going to court. Their “capped rate” billing option was also very much appreciated and allowed me to access top-notched legal talent at a reasonable price. And throughout the process they stayed in touch by email or phone. I have no hesitation in recommending Yan & his team, and appreciate all their help!

"We have always been well advised and professionally represented by Mr. Payne and his firm"

I am the owner of a small family business.Our company has used the Payne Law firm’s services for negotiating and court representation for various claims. Mr.Payne has successfully handled wrongful dismissals and commercial disputes. We have always been well advised and professionally represented by Mr.Payne and his firm. TWB, Toronto

"Yan is highly skilled and possesses all the attributes of a great lawyer"

Yan helped me through a very sad and difficult family dispute. Previous resolution by other counsel was not binding and I was faced with painful and costly litigation. My emotional stress and fears were immediately calmed by Yan’s sincere interest, compassion, listening skill and his ability to suggest a solution at our first meeting. He crafted a strategy based on detailed analysis of information provided and exceptional knowledge of the law and legal protocol to be followed by other lawyers. Yan is highly skilled and possesses all the attributes of a great lawyer. Knowledge and problem solving, genuine caring attitude, excellent communication skills as a listener, mediator and advocate with superb attention to detail. He was always available – very efficient and mindful of taking action to bring about a swift conclusion. Yan was able to settle the dispute, make the old resolution binding and avoid the cost and stress of litigation. Yan David Payne is a great lawyer!

"Mr. Payne is a true professional, who is ready to go an extra mile for his client"

Mr. Payne is a true professional, who is ready to go an extra mile for his client. He handled my case with determination and accomplished everything he said he would. He promptly answered all calls and emails, and provided me with a comprehensive guidance throughout the process. He did not charge me for time spent dealing with the 3rd party, which was required due to apparent incompetence at their office. Overall my experience was positive and I satisfied with the quality of the service and the results. Sincerely, Lily

"My case was resolved in a short time with excellent results"

Mr. Payne was up front with both costs and expectations. He was compassionate courteous and professional. My case was resolved in a short time with excellent results. Calls, emails and questions were answered in a very timely manner. I would highly recommend him.

"My case was resolved in a short time with excellent results."

Mr. Payne was up front with both costs and expectations. He was compassionate, courteous and professional. My case was resolved in a short time with excellent results. Calls, emails, and questions were answered in a very timely manner. I would highly recommend him.

"Thanks for shed little candle light on me"

Law is as good as dark room where the lawyer’s argument is a candle light. Thanks for shed a little light on me. Kind Regards, J.K.

"Your professionalism and the compassionate way you represented us will forever be a highlight in my life"

Dearest Karen: You are simple put, extraordinary! Your professionalism and the compassionate way you represented us will forever be a highlight in my life. We could not have done this without you and I want to thank you from the bottom of my heart. I’ve copied info@paynelaw.ca in the hope that this email will reach Yan so I can thank him with every fibre of my being for taking our case and providing us with exceptional legal representation. Forever grateful and appreciative, Debora Crew

Employment Law

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CELEBRATING OUR 15TH YEAR OF EMPLOYMENT ADVOCACY!

PLEASE FEEL FREE TO ARRANGE A THOROUGH IN-PERSON MEETING TO REVIEW YOUR MATTER OR, IN THE ALTERNATIVE, YOU MAY ALSO USE OUR FREE ON-LINE CONSULTATION FORM IN ORDER TO OBTAIN FEEDBACK ON THE MERITS AND POTENTIAL VALUE OF YOUR CLAIM

Mr. Yan David Payne, B.A. (Hons), LL.B., and the Payne Law Team Successfully Negotiate and Settle Hundreds of Wrongful Dismissal Cases Every Year. While Under 2% of Cases Proceed to Formal Hearing, Those Cases Benefit From Our Team’s Winning Trial Record.

Superior Court accepts Mr. Payne’s submissions on reasonable notice period for two long-serving employees in this unusual summary judgement motion. The Honourable Justice Penny finds that firm clients were each entitled to 22 months pay in-lieu of notice, well in excess of the 8 months paid by employer. Order made despite fact that notice period had not yet elapsed when matter heard by Court. Employer represented by experienced Bay Street Litigator. Endorsement also represents first known decision assessing reasonable notice for employee terminated while on disability leave. No need for pre-trial process or formal trial. Case resolved prior to obtaining formal Order (see Excerpt from Endorsement of Justice Penny).

Employment lawyer Yan David Payne secures judgement for lost wages over a 29 month period and a 15% ownership interest in defendant company, all on behalf of former manager. Total judgement for $256,902.93, plus costs and interest.

Superior Court accepts each and every argument raised by Mr. Payne on behalf of former employees of Suzuki Canada Inc., and rejectsa ll submissions by Defendant Suzuki Canada Inc. and by its Bay Street lawyers in this attempt to separate claims brought jointly by former Suzuki employees. Attempt at divide and conquer strategy fails. Decision forces Suzuki Canada to pay employees for failed motion and sends a clear signal to all employers that claims may be joined (see Endorsement of Master McAfee – Draper v. Suzuki).

Judgement in favour of former gas station operator exceeding $500,000.00 (combined Judgement, costs and interest) unanimously upheld by Ontario Court of Appeal. See also original Superior Court Judgement.

Firm obtains Judgement for 12-months pay in-lieu of notice ($30,000.00) plus $17,000.00 in compensation for lost tools on behalf of mechanic with 5 years of service. Court also awards costs and interest against employer. Firm seizes funds from employer’s bank account (see Judgment of justice Lederer).

Yan David Payne obtains Judgement on behalf of group of former employees in the amount of $80,753.13, plus costs and interest. Employer’s appeal attempt dismissed. Judgement and costs fully recovered through enforcement procedure (see valentine judgement).

Firm obtains formal Judgement against former employer for balance owing under settlement agreement, including a mandatory Order that the employer provide a positive reference letter: “… and to provide a positive reference letter reflecting nine years of loyal and dedicated service, the remaining terms of said reference letter to be agreed to by the parties and the defendant shall respond to any and all inquiries in a manner consistent with the tone and content of the said letter”. (see Judgment – Signed and Entered (Lederer’s decision).

Firm successfully appeals denial of EI benefits (based on allegations of misconduct) to Board of Referees. One of many decisions where the Board unanimously accepts Mr. Payne’s submissions, overturns HRSDC’s decision to deny, and reinstates full benefits. (see Board of Referees Decision)

Unionized employees are governed by a collective bargaining agreement which includes an internal system for addressing grievances. This area of law relies heavily on the union-management relationship and the collective bargaining agreement to resolve disputes and carries the distinctive label of ‘Labour Law’. In most cases, a union settlement will be binding on an employee. If your union is not representing your needs, we can assist you in bringing an application for fair representation against your union or, in severe cases, a court action for negligence. We can also assist you with any Human Rights concerns if your union refuses or fails to represent you legitimate concerns. In such cases, we can represent you in an application directly against an employer. See formal order obtained by our firm confirming same in Gaudet v. The Ottawa Hospital, 2009 HRTO 158.

Other work relationships are usually governed by individual contracts of employment (written or oral) as well as statutory protections including the Employment Standards Act, 2000 (as amended) and the Canada Labour Code (for federally-regulated employees). In such cases you will normally have direct recourse to the courts and different legal principles will apply. If you do not operate in a unionized environment, your disputes likely falls under the ‘Employment Law’ category.

2. Employment Law

Some employers will attempt to minimize an employee’s rights through contract. It is important to obtain legal advice regarding the legality/enforceability of any pertinent clauses. There are various ways to circumvent employment contracts.

Independent contractors and part-time workers have many of the same entitlements as traditional employees. For example, many workers, managers and executives who do not fall within the traditional employee-employer relationship are nonetheless entitled to reasonable notice of termination or pay in lieu thereof. Some employers attempt to characterize the work relationship as something other than employer-employee. Therefore, it is important to look beyond the labels used in your contract in order to determine your rights and entitlements. If you do not think that you fall within the traditional employee-employer relationship, you should seek legal advice. Please feel free to use our free online consultation form.

Wrongful Dismissal means that an employer is terminating the employer-employee relationship without providing sufficient notice or pay-in-lieu of notice (commonly referred to as severance). There is an exception where an employer can make out a case for cause termination. Practically speaking, it is very difficult for an employer to show cause in a court of law – even if they allege cause at the time of dismissal. Some employers will allege cause in order to avoid legal obligations to dismissed employees. In a case where cause is being alleged but is not found to exist, the courts may impose additional punitive-type damages above and beyond pay-in-lieu of notice.

It is not sufficient that the company is downsizing or restructuring or that the dismissal is because of minor mistake or minor misconduct. Where an employer is terminating the employment relationship without cause, the employee is entitled to reasonable notice of termination or pay-in-lieu thereof. It should be noted that certain more serious acts of misconduct may form the basis for an employer’s defence to a claim by a former employee. Examples of such acts include violence in the workplace and fraud. If you are unclear about your entitlement, we can advise you of the strengths and weaknesses of your case.

Various factors come into play which may increase or decrease your pay-in-lieu of notice entitlements including your age, re-employment prospects, title, type of work, years of service, contract terms, availability of similar employment, etc. Please feel free to contact us to discuss your particular circumstances.

4. Constructive Dismissal

Constructive Dismissal involves the termination of the employee-employer relationship by the employee due to the actions of the employer – such as a significant change in the workplace. Examples of significant change includes the geographic relocation of the employee, significant reductions in pay and/or significant reductions in responsibilities. Employees are entitled to reasonable notice of significant changes such as these or pay in lieu of notice. Where an employee is pressured to quit due to the employer’s conduct, the courts treat the matter in much the same way as a straightforward wrongful dismissal case. Basically, you can quit your job and claim for wrongful dismissal damages in certain specific cases if the change fundamentally alters your employment or makes it unreasonable for you to remain at the workplace. An employee can leave and the employer will continue to be responsible for wages and benefits during the notice period or until the employee finds similar work. Examples of employer conduct amounting to constructive dismissal and where there is no requirement to stay on include:

– Employer requiring employee to move or travel out of immediate jurisdiction

– Employer requiring employee to act in unlawful manner

– Employer requiring employee to act in dangerous manner

In cases of more minor changes, an employee may be expected to stay on while they seek alternate employment but may also have grounds to seek compensation for any reduction in remuneration.

5. What do I do?

DO NOT SIGN ANYTHING. Even if you have received termination pay or a severance package from your employer, you should not sign anything. Do not quit impulsively. Contact us first.

You do not have to sue. You may choose to simply file a complaint under the employment standards legislation with respect to an alleged failure by your employer to pay wages, to provide benefits or to provide you with termination and/or severance pay. However, it is wise to consult a lawyer before making this decision as you would only be entitled to the minimum statutory requirement in the case of a complaint. Should you choose to make a complaint, you may lose the right to sue with respect to the same matter. It is important to note that your entitlement under the employment standards legislation is limited to the minimum statutory requirements whereas the courts are not limited to these statutory minimums. As such, you significantly decrease any negotiation power you may otherwise have had and may severely decrease the value of your ultimate severance payment. Conversely, if you choose to sue, you may not proceed to make a complaint. Finally, depending on the circumstances, you may also bring a human rights complaint as against your employer or – as in the case of certain federally-regulated fields – seek reinstatement, backwages and damages.

6. How much should I get?

Once the employment relationship has been terminated, you have an obligation to take all reasonable steps to limit your losses by actively seeking re-employment. However, the courts do not expect you to immediately settle for just any job. You should make good faith efforts to find a comparable position (and keep records of your job search efforts). Income earned during the reasonable notice period following dismissal is credited against any damages you obtain in court (other than the statutory minimum amounts). If you reach an unconditional lump-sum settlement with your employer prior to finding new employment, you may be entitled to the full amount even if you find a new job the very next day. If your prospects for re-employment are strong, it may be beneficial to settle for an unconditional lump-sum payment early on in the process in exchange for release your employer from any further obligations. This can often be accomplished with the help of a skilled negotiator. Please use our online consultation form for an assessment of your particular circumstances.

The written employment contract, if there is one, is a good starting point for determining how much money should be provided in lieu of reasonable notice. If there are limitations on notice contained in the written employment contract, and if the terms fall within the minimum statutory requirements of the Employment Standards Act, 2000 or the Canada Labour Code, the contract terms may not govern (in some cases, the timing of the execution of the contract may render it unenforceable as can changes in the character of employment since the time of signing, etc.) There are often weaknesses in the wording of termination clauses which can permit the courts to circumvent the restriction altogether. In cases where the clause does not meet the minimum statutory requirements, it is likely null and void in which case the common law (judge-made law) principles would then apply. As an example, if you are dismissed from your $30,000/year employment position after five years of full-time service and your employment contract provides that you can be terminated on two weeks notice, that clause is null and void because the notice period is insufficient in meeting even the minimum statutory obligation. In such a case, the common law would apply and you may be entitled to compensation in the range of $18,000-$23,000 (as opposed to mere $1,153.85) in salary alone. Again, in the case of human rights issues or in the case of federally-regulated employees, additional relief may be available including possible reinstatement, backpay, and damages.

In addition, you are entitled to vacation pay accrued to the date of dismissal. You may also be entitled to compensation for loss of future benefits including health benefits, insurance, stock options, club memberships, bonuses, car and travel allowances, rrsp and pension contributions, etc. and these should also figure in the equation.

Without a written employment contract, your employer cannot limit your common law entitlement to reasonable notice or pay-in-lieu thereof. Even with an employment contract purporting to limit notice, you may be able to circumvent such clauses.

The law of wrongful dismissal does not allow for a reduction or increase in the notice period depending on performance. That is to say, it is not a valid legal argument for your employer to say that your performance was less than satisfactory. If the dismissal is without cause, you are entitled to the full notice period or pay in lieu thereof. A damage award will vary depending on various factors including your age, your salary, your position, your chances of re-employment, your treatment at the time of the dismissal and the length of the employer-employee relationship. Depending on the manner of your termination, you may be entitled to additional damages as against your employer.

7. Human Rights violations

If your dismissal is related to discrimination on prohibited grounds, you may be entitled to remedies in addition to those noted above. Further, compensation under the Ontario or Canada Human Rights Code are not limited to the notice period and may be significantly larger and could include reinstatement, backpay, and damages. If you feel that one or more of your human rights have been violated, please contact us or use our free online consultation form. For further information, you may also browse the

The above does not constitute legal advice and is for information only. Should you require legal advice, please contact us or use the free online consultation form.

Recent Judgements

September 19, 2017 - Firm litigator Yan David Payne secures withdrawal of all 20 Income Tax Act charges against accountant following pre-trial conference. Crown also consents to return of all items seized. See attached Ontario Court of Justice Order: Order Withdrawing All Charges and For Return of All Items Seized - September 19, 2017...

September 29, 2017 - Firm litigator Hashim Syed obtains Cost Judgement against client\'s former lawyer\'s use of improper procedures. See Exceptional Order for Costs to Be Paid By Previous Lawyer - Sep.29.17...

Firm pursues interests of 10 applicants before the Human Rights Tribunal and succeeds. Watch Firm Litigator Karen Sanchez and applicants interviewed by the CBC and Global News and read Front Page article in the Toronto Star and article in CBC News online. See 88-page Decision of Adjudicator D. Sanderson (88pgs) including a requirement to post the decision continuously for 6 months, send a notice of the decision to all members, and pay $30,0...

Firm litigator Hashim Syed succeeds in quashing Appeal proceeding before it can be heard on its merits. Successful Divisional Court motion to quash avoids time and cost of full hearing and nets rare Full Indemnity cost award of $25,337.10 plus interest in favour of client: Judgement of Justice Kiteley entered Jun 2014...

Lawyer Yan David Payne takes over carriage of case and succeeds at the Ontario Court of Appeal establishing new law. Court unanimously overturns Divisional Court panel and recognizes client\'s right to sue municipality and by-law officers for negligence and permits claim to proceed: \"It is in everyone\'s interest that by-laws not be enforced in an \'unconstrained manner\'\" Rausch v. Pickering (City), 2013 ONCA 740. \r\n...

Lawyers Yan David Payne and Hashim Syed take over file from Bay Street firm and lead charge in 3-day court motion culminating in full victory against senior members of Ontario bar appointed by professional liability insurers. Superior Court rejects attempt by Client\'s former lawyer and former accountants to derail $12 Million negligence lawsuit. Bahl v. Cadesky and Associates and Barry Seltzer, Court Docket Number: 04-CV-272445 CM2, Motion Do...

\r\n\r\n\r\nYan David Payne secures unanimous Ontario Court of Appeal decision confirming $256,902.93 Wrongful Dismissal Trial Judgement plus costs of trial and appeal and interest. Court awards compensation for lost wages over a 29 month period and a 15{e39299cfb5b5013c7d22d68eaa5fcf02ed50b7ed6e2cc471a9341b347a815d17} ownership interest in company to this former manager. See Ontario Court of Appeal Decision. See also lower court decision: Loyst v. Chatten\'s Better Hearing Service, Court File No...

Other News

Yan David Payne has been featured in and consulted by major national television networks and newspapers including CBC and the Star. Mr. Payne primary lawyer featured in law review article in Saturday edition of the Toronto Star, following in-depth interview